DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) 2021-06-11, U.S. Courts Of Appeals | Other | Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. it must be reasonable." See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. FLSA Collective Members All current and former individuals who provide(d) transportation services for Defendant within the United States, between May 1, 2015 and June 21, 2022. The ICOA states that the ICOA itself "shall be interpreted in accordance with, and governed by, the laws of the United States and, of the State of Oklahoma," without applying a choice-of law analysis. 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. 1. Served on: 03/25/2021. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. 1404. Served on 03/12/2021. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. 2015); Robles, 2015 WL 1530510, at *4. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | $246.4 M. Employees. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. Served on 03/24/2021. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. 12 ("Reply"). Id. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. Classes approved in lawsuit against John Christner Trucking The California Supreme Court has likened PAGA actions to qui tam actions in that a representative plaintiff brings an action "as the proxy or agent of the state's labor enforcement agencies, representing the same legal right and interest as those agencies and seeking statutory civil penalties that otherwise would be sought by those agencies." at 11-12. John Christner Trucking, L.L.C. B. Attorney Cottrell, Carolyn H. added. OF INTERESTED PARTIES: y. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. The California resident claims he routinely. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. "Although a FLSA claim for relief ostensibly arises from an employment contract, courts have likened FLSA claims to tort claims and have applied the purposeful direction standard." Have you been screwed by John Christner Trucking yet? at 21-22. approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . This field is for validation purposes and should be left unchanged. So basically they give you older trucks with almost 500k miles. Id. Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. Job Search | John Christner Trucking This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. 2012 WL 393614, at *1 (emphasis supplied). Christner said the company has seen continuous growth over the past two decades. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. Bancroft & Masters, Inc. v. Augusta Nat. Click UPDATE at the bottom of the calculator. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. More than 3,000 truck drivers were involved. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. July 12, 2013). Defendant is represented by the following attorneys: Christopher J. EckhartAngela S. CashKaren B. ReisingerSCOPELITIS, GARVIN, LIGHT,HANSON & FEARY, P.C.10 West Market Street, Suite 1400Indianapolis, IN 46204Telephone: (317) 637-1777Facsimile: (317) 687-2414, Bobby L. Latham, Jr.James L. ColvinLATHAM WAGNER STEELE LEHMAN1515E. 21% of John Christner Trucking employees are women, while 79% are men. 10-1. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Huddleston v. John Christner Trucking, LLC - casetext.com Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. Id. Hirschbach completes its purchase of John Christner Trucking John Christner Trucking Reviews - Glassdoor 2006). at 13-14 (emphasis in original). Co, 134 S.Ct. Huddleston argues that his claims brought pursuant to the Private Attorney General Act ("PAGA") are of such a strong local nature that they should be litigated in California. Id. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Id. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. at 294. op. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Wash. 2005). The case status is Pending - Other Pending. Because document collection is now mostly an exercise in electronic discovery, the presence of corporate documents in Oklahoma does not weigh heavily in favor of finding that jurisdiction in California would be unreasonable. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Served on 03/24/2021. 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' Federal judges approved separate class certifications for divers in Oklahoma and California. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Issued on 04/27/2021. AB, 11 F.3d 1482, 1489 (9th Cir. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. JOHN CHRISTNER TRUCKING, LLC, Defendant. Driver Resources | John Christner Trucking Driver Resources Welcome JCT Drivers This page is dedicated to keeping you up to date with the latest JCT info. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Served on 03/25/2021. 1993) holding modified by Yahoo! The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. This Settlement is a compromise and is not an admission of liability on the part of Defendant. 4:17-cv-00549-GKF-CDL). LaCross v. Knight Transportation, Inc., 95 F. Supp. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. M/S Bremen, 407 U.S. at 1. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. As to plaintiff specifically, Crowley testifies that only three of Huddleston's twenty-five pick-ups or deliveries were in the Eastern District of California. "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: Web: www.johnchristner.com. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. "We are impressed with the customized technical . If you do not agree with these terms, then do not use our website and/or services. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. App. 10-1, Huddleston Decl. 1391(b). Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. Yahoo! 0. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. A review of the distirct court docket shows transcripts ordered were already on file. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking "No one factor is dispositive; a court must balance all seven." Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma granted the motion for class certification on Jan. 30 for truck drivers who worked in California, as well for an Oklahoma consumer protection class. 10. B. Venue. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. b. Long hours and little pay: Lawsuit claims local trucking company Huddleston asserts that while JCT representatives outlined certain provisions of the ICOA prior to his signing it, he was unaware of the forum-selection clause and its implications. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . The Court concludes that the forum selection clause of the ICOA is valid and enforceable. 1995). 3d 1199, 1206 n.4 (C.D. Id. The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Tiffany Lalim - Driver Settlement - John Christner Trucking, LLC | LinkedIn 2012). Thread Status: Not open for further replies. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 7. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. 1404 And Forum-Selection Clause. at 17. Huddleston Decl. 1 : UPS Inc. Hirschbach to acquire John Christner Trucking - TheTrucker.com Am., Inc., 485 F.3d 450, 457 (9th Cir. Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." According to court documents, John Christner Trucking is a for-hire motor carrier that provides trucking services nationwide and relies, in part, on drivers who operate trucks leased from its company, Three Diamond Leasing. If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. OF INTERESTED PARTIES: n. Served on 03/12/2021. JOHN CHRISTNER TRUCKING Jobs (Now Hiring) Near Me 12. at 6-7 (N.D. Cal. Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. Defendant further denies that it misled any Class Member about its lease operator program. Id. john christner trucking Inc. John Christner Trucking. Submit. Cal. John Christner Truck Driver Settlement - Huddleston s. John Christner Ronlake v. US-Reports, Inc., No. After the first two prongs of the test have been met, the defendant has the burden of showing that the Court's jurisdiction would be unreasonable. ECF No. Phone: 8003241900. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Every dime goes to the truck. . There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. The Court disagrees. --------. Schwarzenegger, 374 F.3d at 805. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Manner of Service: email. Last year's revenues were $185 million, and the company expects to reach $200 million this year. Id. See Fed. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. 3d 1199, 1207 (C.D. Opp. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. CERT. LaCross, 95 F. Supp. 2011). Huddleston v John Christner Trucking | 21-5025 | Court Records - UniCourt Served on 03/25/2021. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. Wreaths Across America JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. 3, 2015). John Christner Trucking The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. They say lease purchase but you have to lease for 5 yrs before u can own it. In general, managers at John Christner Trucking are good to work with. Opp. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. Co., Inc. v. U.S. Dist. Gulf Ins. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). John Christner Trucking - Inc. John Christner Trucking LLC. The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. P. 4(k)(1)(A). CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. 2011). [21-5025] [Entered: 04/14/2021 04:43 PM], [10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. After deductions of these amounts, what remains of the Gross Settlement Amount, or the Net Settlement Amount, will be available to pay monetary Individual Settlement Amounts to (i) Plaintiff; and (ii) Class Members who do not opt out of the Settlement (collectively, Class Participants). Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. Category: Trucking Companies. "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" 4:17-cv-00549-GKF-CDL). A forum-selection clause may be deemed unreasonable under the following circumstances: (1) if the inclusion of the clause in the agreement was the product of fraud or overreaching; (2) if the party wishing to repudiate the clause would effectively be deprived of his day in court were the clause enforced; and (3) if enforcement would contravene a strong public policy of the forum in which suit is brought. You make about $3600 per week. ECF No. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. John Christner Trucking is Seeking Lease Purchase Drivers and Owner Operators Solos Start at to $1.20 per Mile Teams Start at $1.25 per Mile John Christner Trucking Benefits: Solos Starts at to $1.20 per Mile Teams Start at $1.25 per Mile Fuel Surcharge paid on all miles - loaded and empty 410.10 (2004). Huddleston v. John Christner Trucking, LLC: ERRATA/CORRECTION (Re: 269 Mousavi v. John Christner Trucking, LLC - Casetext 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[10814928] Entry of appearance filed by Michael J Blaschke, Mr. Robert S. Boulter, Ms. Carolyn H. Cottrell, Mr. David C. Leimbach, Ms. Michelle S. Lim and Ms. Rachel Lawrence Mor for Thomas Huddleston. 2007) (citing Murphy, 362 F.3d at 1141; E.J. The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. John christner trucking settlement Perry, 2011 WL 4080625, at *5. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . Jag Trucking Inc. Revenue. [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[10814925] Entry of appearance submitted by Rachel Lawrence Mor, Michael J. Blaschke, Carolyn Hunt Cottrell, David C. Leimbach, Michelle S. Lim and Robert S. Boulter for Appellant Thomas Huddleston for court review. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. Manner of Service: email. If you have questions about this Notice, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a Class Member, you should contact Class Counsel or the Settlement Administrator.This Notice is only a summary. 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. Id. Hirschbach acquires John Christner Trucking - Overdrive Leaked News! According to court documents, John Christner Trucking is a for-hire motor carrier that provides trucking services nationwide and relies, in part, on drivers who operate trucks leased from its company, Three Diamond Leasing. Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". Vivek Sankaran Wife Nancy, Articles J